“The court also held that “the purported ‘right to marry a person of the same sex’” requires first “asserting that marriage includes the union of two persons of the same sex,” and concluded: “A fatal flaw in this position is that it assumes the truth of the proposition to be proved.” To the claim that same-sex marriage is rooted in the nation’s history and tradition, the court responded, “Plainly, it is not.” Where Judge Walker believed the only rationale for defining marriage as the union of a husband and wife was animus, the Texas decision found legitimate state interests in doing so…”